HomeMy WebLinkAboutMemo - Mail Packet - 5/9/2017 - Memorandum From Darin Atteberry, Jeff Mihelich, Wendy Williams, John Stokes, Jon Haukaas And Carol Webb Re: Adverse Impacts Of Potential Water-Related Ballot Initiatives,
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City Manager's Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
DATE:
TO:
FROM:
May 3, 2017
970.221 .6505
970.224.6107 - fax
fcgov.com
MEMORANDUM
Mayor Troxell and City Councilmembers
Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Wendy Williams, Assistant City Manager
John Stokes, Natural Areas Director~<>\,.,_.)lt, t>ti.f
Jon Haukaas, Acting Executive Director
Natural Areas
Department
1745 Hoffman Mill Road
PO Box 580
Fort Collins, CO 80522
970.416.2815
970.416.2211 - fax
fcgov.com/naturalareas
Carol Webb, Water Resources and Treatment Operations Manager
RE: Adverse Impacts of Potential Water-Related Ballot Initiative
This memorandum discusses a potential water-related ballot initiative ("Initiative").
BOTTOM LINE
Util ities
700 Wood Street
PO Box580
Fort Collins, CO 80522
970-221-6700
970-221-6619 - fax
fcgov.com
The Initiative is vaguely worded, potentially extremely broad, and would reduce the City's ability to
meets its goals (both those directly and tangentially related to water). If passed, it could have
significant adverse impacts on the City, such as:
• Disputes regarding the application of the Initiative to City water management actions would
lead to uncertainty and result in delays and costs to resolve.
• The Halligan Water Supply Project may need to be re-engineered or abandoned.
• The City would have to oppose new water supplies for the Growth Management Area.
• Significant City resources (time and money) would be expended, with limited results.
• Relationships with regional partners would be damaged.
• Ability to seek creative and innovative water solutions would be compromised.
DISCUSSION
1. Initiative Status
No petition regarding the Initiative has yet been filed with the City Clerk's Office. Staff learned of
the Initiative from Save the Poudre, which provided staff this draft language:
The Cache la Poudre River provides benefits to Fort Collins such as providing an
important source of water, recreational economy, and cultural heritage, and therefore
the City of Fort Collins should actively oppose and work to stop new proposed dams,
diversions, and pipelines that would further drain, or ecologically deplete, the river
through Fort Collins.
Mayor Troxell and City Councilmembers
May 3, 2017
Page 3 of 3
supplies needed to serve Fort Collins - and also create adverse economic and social impacts and
frustrate City goals in areas served by these districts.
3.3. Expenditures of City Resources, with Limited Results
The Initiative would seem to require the City to "actively oppose" and "work to stop" a wide range
of projects. This would occur in various venues, such as Water Court and federal, state, and county
permitting contexts. This would likely require additional and more intense participation by the City
in more projects than currently is the case.
Such "active opposition" is often not pursued by City staff on certain projects, such as because the
proponent has a legal right to approval of the project, the small size of the project, or because the
project furthers the City's various water-related, economic, social, or other goals.
If passed, the Initiative could mean that the City has an obligation to undertake these opposition
activities - at potentially great cost. The City would likely need to hire additional staff, and/or retain
more consultants and outside attorneys to complete this work. There would also likely be disputes
regarding the scope of the Initiative and the adequacy and propriety of the City's actions and
inactions.
3.4. Relationships with Regional Partners
The Initiative's obligation for the City to "actively oppose" and "work to stop" various projects
would make collaboration with regional partners (including those serving Fort Collins) far more
difficult, if not impossible. Potential regional partners would likely see little to gain from trying to
work with the City.
If passed, the Initiative would likely mean that the City has to go it alone and may even prompt
regional entities to take actions (legal or otherwise) against the City they would not have considered
absent the Initiative.
3.5. Innovative Water Solutions
The Poudre River is and has been heavily influence by humans for well over one hundred years and
it is probable there will be additional flow depletions in the future (irrespective of the Initiative).
These depletions are likely to deteriorate river health without a concerted effort at regional
collaboration to creatively manage water to mitigate harm or to improve river health. Some of these
solutions may well require dams, diversions, and pipelines. At a minimum, they will require
regional collaboration and mold-breaking discussions and agreements.
If passed, the Initiative would severely damage the City's ability to pursue and enter into such
agreements.
pc: Carrie Daggett, City Attorney
Eric Potyondy, Assistant City Attorney
Donnie Dustin, P.E. , Water Resources Manager
Adam Jokerst, P.E., Water Resources Project Engineer
DocuSign Envelope ID: 618F756A-F7E2-40AC-B5E4-2072AC83D4C0
DocuSign Envelope ID: 618F756A-F7E2-40AC-B5E4-2072AC83D4C0